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Start Free TrialThe Code of Criminal Procedure (Amendment) Act, 2008 Complete Act
State: Central
Year: 2008
THE CODE OF CRIMINAL PROCEDURE (AMENDMENT) ACT, 2008 THE CODE OF CRIMINAL PROCEDURE (AMENDMENT) ACT, 2008 [ACT No. 5 OF 2009] Received the assent of the President on 7th January, 2009, Act Published in Gaz. Of India 9- 1-2009, Pt.II.S.1 Ext.P.1 (No.6). [7th January, 2009.] An Act further to amend the Code of Criminal Procedure, 1973. BE it enacted by Parliament in the Fifty-ninth Year of the Republic of India as follows:" 1. Short title and commencement. " (1) This Act may be called the Code of Criminal Procedure (Amendment) Act, 2008. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different provisions of this Act. 2. Amendment of section 2. " In section 2 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the principal Act), after clause (w), the following clause shall be inserted, namely:"˜(wa) "victim" means a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged and the expression "victim" includes his or her guardian or.....
List Judgments citing this sectionCode of Criminal Procedure (Amendment) Act 2008 Section 27
Title: Substitution of New Section for Section 330
State: Central
Year: 2008
.....shall be substituted, namely:-- "330. Release of person of unsound mind pending investigation of trial-(1) Whenever a person if found under section 328 or section 329 to be incapable of entering defence by reason of unsoundness of mind or mental retardation, the Magistrate or Court, as the case may be shall, whether the case is one in which bail may be taken or not, order release of such person on bail: Provided that the accused is suffering from unsoundness of mind or mental retardation which does not mandate in-patient treatment and a friend or relative undertakes to obtain regular out-patient psychiatric treatment from the nearest medical facility and to prevent from doing injury to himself or to any other person. (2) If the case is one in which, in the opinion of the Magistrate or Court, as the case may be, bail cannot be granted or if an appropriate undertaking is not given, he or it shall order the accused to be kept in such a place where regular psychiatric treatment can be provided, and shall report the action taken to the State Government: Provided that no order for the detention of the accused in a lunatic asylum shall be made otherwise than in accordance.....
View Complete Act List Judgments citing this sectionCode of Criminal Procedure (Amendment) Act 2008 Section 25
Title: Amendment of Section 328
State: Central
Year: 2008
In section 328 of the principal Act,-- (a) after sub-section (1), the following sub-section shall be inserted, namely:-- "(1A) If the civil surgeon finds the accused to be of unsound mind, he shall refer such person to a psychiatrist or clinical psychologist for care, treatment and prognosis of the condition and the psychiatrist or clinical psychologist, as the case may be, shall inform the Magistrate whether the accused is suffering from unsoundness of mind or mental retardation: Provided that if the accused is aggrieved by the information given by the psychiatric or clinical psychologist, as the case may be, to the Magistrate, he may prefer an appeal before the Medical Board which shall consist of-- (a) head of psychiatry unit in the nearest government hospital; and (b) a faculty member in psychiatry in the nearest medical college."; (b) for sub-section (3), the following sub-sections shall be substituted, namely:-- "(3) If such Magistrate is informed that the person referred to in subsection (1A) is a person of unsound mind, the Magistrate shall further determine whether the unsoundness of mind renders the accused incapable of entering defence and if the accused.....
View Complete Act List Judgments citing this sectionThe Kerala Payment of Pension to Members of Legislature (Amendment) Act, 2008 Complete Act
State: Kerala
Year: 2008
....."Note: This sub-section shall be deemed to have come into force on the 14th day of May, 1996.". 3. Insertion of new section 2B.- In the principal Act, after section 2A, the following section shall be inserted, namely:- "2B. Free Transit Coupons for ex-Members of the Legislative Assembly.- (1) Subject to such rules as may be made in this behalf, any person, who has served as a member referred to in clause (i) or clause (ii) or clause (iii) of sub-section (1) of section 2 shall, at the option of such ex-Member, be provided with all or any of the following free transit coupons of an aggregate value of twelve thousand rupees for a period of twelve calendar months, namely:- (i) rail travel coupons for travel by such ex-member by rail; and (ii) fuel coupons for the purchase of fuel for the travel of such ex-member in a private vehicle: Provided that it shall be lawful for the Government to enhance, by order, from time to time, the aforesaid amount of free transit coupons proportionate to the periodical increase in rail charges made by the Central Government. (2) Subject to such rules as may be made in this behalf every ex-member shall be entitled to utilise such rail travel.....
List Judgments citing this sectionCode of Criminal Procedure (Amendment) Act 2008 Section 26
Title: Amendment of Section 329
State: Central
Year: 2008
In section 329 of the principal Act,-- (a) after sub-section (1), the following sub-section shall be inserted, namely:-- "(1A) If during trial, the Magistrate or Court of Sessions finds the accused to be of unsound mind, he or it shall refer such person to a psychiatrist or clinical psychologist for care and treatment, and the psychiatrist or clinical psychologist, as the case may be shall report to the Magistrate or Court whether the accused is suffering from unsoundness of mind: Provided that if the accused is aggrieved by the information given by the psychiatric or clinical psychologist, as the case may be, to the Magistrate, he may prefer an appeal before the Medical Board which shall consist of-- (a) head of psychiatry unit in the nearest government hospital; and (b) a faculty member in psychiatry in the nearest medical college."; (b) for sub-section (2), the following sub-sections shall be substituted, namely:-- "(2) If such Magistrate or Court is informed that the person referred to in sub-section (1A) is a person of unsound mind, the Magistrate or Court shall further determine whether unsoundness of mind renders the accused incapable of entering defence and.....
View Complete Act List Judgments citing this sectionTHE KERALA SMALL PLANTATION WORKERS' WELFARE FUND ACT, 2008 Complete Act
State: Kerala
Year: 2008
THE KERALA SMALL PLANTATION WORKERS' WELFARE FUND ACT, 2008 ACT 17 OF 2008 THE KERALA SMALL PLANTATION WORKERS' WELFARE FUND ACT, 2008. An Act to provide for the constitution of a Fund for promoting the welfare of, and to pay pension to, the workers in small plantations in the State of Kerala and for certain other matters connected therewith. Preamble.- WHEREAS, it is expedient to provide for the constitution of a Fund for promoting the welfare of, and to pay pension to, the workers in small plantations in the State of Kerala and for certain other matters connected therewith. BE it enacted in the Fifty-ninth Year of the Republic of India as follows:- 1. Short title, extent and commencement.- (1) This Act may be called the Kerala Small Plantation Workers' Welfare Fund Act, 2008. (2) It extends to the whole of the State of Kerala. (3) It shall come into force at once. 2. Definitions. - In this Act, unless the context otherwise requires.- (a) "Board" means the Kerala Small Plantation Workers' Welfare Fund Board constituted under section 6; (b) "Chief Executive Officer" means the Chief Executive Officer appointed under sub-section (1) of section 9; (c) "contribution".....
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